setting aside an exparte order...
uday galbale
(Querist) 05 September 2013
This query is : Resolved
Respected experts,
the plaintiff filed a suit for declaration, cancellation of sale deed and cancellation of mutation entries agaist the purchaser. The plaintiff made party to the purchaser along with his sisters and their legal heirs as defendents. But the sisters and legal heirs of the deceased sisters did not appeard before the court though they received the notices so the Hon'ble court had pleasd to passed an ex parte order against not appeared defendents. Now one and the half year has been passed and now the application was madefor setting aside an ex parte order by the defendents against whom the ex parte orders were passed. My question is that whether such application at this stage is tenable and what is the limitation for setting aside an ex parte order. Please reply ... And suggest the relevant case laws.. I will be so greatfull to you..
ajay sethi
(Expert) 05 September 2013
application for setting aside exparte decree has to be supported by an affidavit . reasons have to be given as to why delay in making application after 18 months is to be allowed . court may allow application subject to payment of costs
Kuummaar AS
(Expert) 05 September 2013
Order IX Rule XIII of the CPC contains conditions under which an ex-parte decree can be set aside.
For determining the application under Order IX, Rule XIII CPC, it is generally considered by the Court whether the defendant honestly and sincerely intended to remain present
and did his best to do so. Sufficient cause is to be shown for absence.
Devajyoti Barman
(Expert) 05 September 2013
The delay must be explained properly since time gap is quite long.
Raj Kumar Makkad
(Expert) 05 September 2013
The experts have rightly advised so no more to add.
uday galbale
(Querist) 05 September 2013
Respected experts , I beg your pardon for my wrong construction .... I mean to say that the invoking defendents are the real sisters of the plaintiff.. and they along with the plaintiff executed a registered sale deed to the purchaser who is a defendent no. 1 to the suit. At this stage the T.I. of the plaintiff is rejected and the preliminary objections filed by the defendent no.1 thereon the preliminary issues also framed and arguement by the rival parties is completed then after so long time these defendents want to defend the suit , whether it is tenable in the eyes of law? If so can be invoked then is there not any limitation to do so?
Please suggest me along withe provision and case law....... thanks to be cautious about me...
